Ex-cop says West Bridgewater needs to learn lesson

Friday

Nov 22, 2013 at 12:01 AMNov 22, 2013 at 10:11 PM

West Bridgewater has paid four legal settlements involving former police officers in the past decade. In the most recent case, signed by selectmen Wednesday, the town's insurer will pay $125,000 in a gender and disability discrimination case filed by former police officer Joyce Graf. “It’s been seven long years, a lot of blood, sweat and tears, and it’s bittersweet,” Graf said. “I hope that the town and the chief may have learned something from this, but I’m afraid they haven’t.”

Maria Papadopoulos

Andy Clark is among town residents who wonder why West Bridgewater has paid four legal settlements involving former police officers in the past decade.

The most recent settlement, signed by selectmen Wednesday, requires the town to pay $125,000 in a gender and disability discrimination case filed by former police officer Joyce Graf.

“It ends up costing everybody,” said Clark, 63, who is no relation to West Bridgewater Police Chief Donald Clark.

“Who oversees the chief?” Andy Clark asked. “Who second-guesses his actions? Who does he go to for confidence? He’s acting on his own, and because he’s protected by law, he feels as though, ‘Hey, you know, so sue me.’”

Graf, when reached Thursday, called the settlement “bittersweet.”

“It’s been seven long years, a lot of blood, sweat and tears, and it’s bittersweet,” Graf said.

“I hope that the town and the chief may have learned something from this, but I’m afraid they haven’t,” she said.

Selectmen Chairman Eldon Moreira, selectmen Jerry Lawrence and Nancy Maloney, and Donald Clark, the police chief named in Graf’s complaints, could not be reached Thursday to discuss or answer questions about the settlement.

In a statement issued Wednesday after agreeing to the settlement with Graf, the Board of Selectmen said it “strongly holds the view that the town has done nothing wrong.”

“It is important to note that the agreement explicitly states that the town, the Police Department or Chief Donald Clark have not engaged in any wrongdoing,” the statement said.

Previous settlements between the town and former police officers

Thomas Richmond, 50, settled his case for an undisclosed amount in 2011 after filing a federal suit. Richmond had claimed discrimination based on disability, retaliation, civil rights violations, defamation and intentional infliction of emotional distress.

Lt. Raymund Rogers, 60, accused of misconduct, retired in 2008 after closed-door hearings and a financial settlement with the town. He received a $5,000 payment and $2,174, which he will get for the rest of his life, in addition a year in addition to his pension.

Sgt. Philip Tuck, 76, claimed age discrimination and retaliation in 2001 He received a $72,500settlement in 2007.

But four settlements with former police officers in the past decade may be indicative of a departmental problem, one expert said.

“When you’ve got multiple settlements of significant dollar figures, I think any governmental organization would really need to take a look as to what’s going on in terms of management,” said Peter Ubertaccio, director of the Martin Institute for Law and Society at Stonehill College.

“It’s costing them not only in terms of the settlement figure, but it casts a pall over the management of that department,” Ubertaccio said.

Graf, 56, filed a complaint in 2009 with the Massachusetts Commission Against Discrimination. That complaint alleged discrimination based on disability and gender. It also claimed there had been on-the-job retaliation against her because of previous discrimination complaint she had filed with the state agency.

In total, Graf has won $160,000 in settlements from the town. Those settlements are paid by the town’s insurance carrier.

The most recent settlement will award Graf $95,000, and provide $30,000 to cover legal fees accrued by the Commission’s counsel during Graf’s first case filed in 2006.

Other settlements of discrimination complaints involving the Police Department were paid to Officer Thomas Richmond in 2011, to former Lt. Raymund Rogers in 2008, and to former Sgt. Philip Tuck in 2007. They, like Graf, had filed discrimination complaints with the Massachusetts Commission Against Discrimination.

Three of the four former officers – Graf, Richmond and Rogers – filed their discrimination complaints while reporting to Clark, who has been police chief since September 2004. Tuck filed complaints in 2001 while reporting to former Police Chief Robert Kominsky, who retired in August 2004.

Richmond received a lump sum in his settlement, but the town has refused to disclose the amount despite several written requests by The Enterprise.

Tuck received a settlement of $72,500 and Rogers received a settlement that gave him a $5,000 lump sum – plus an annual payment of $2,174.76, which he will get for the rest of his life, in addition to his pension.

“Four (settlements) in 10 years does seem to be like it’s getting up there,” said Sharon Harris outside Trucchi’s supermarket Thursday afternoon. “I’m sure there are confidentiality issues, but you really don’t know too much about what (happened) or why.”

Maria Papadopoulos may be reached at mpapa@enterprisenews.com or follow on Twitter @MariaP_ENT.